Legal Question in Legal Ethics in Florida

Can I sue someone from negligence and emotional distress for losing a pet I have had for 15 years?

He has watched the animal before while feeding him he keeps using the same bowl. I have asked him this time to use a fresh bowl every day that I left out or wash the old bowl. This time however he didnít do that. I left 5 cans of food for Friday to Tuesday. He used 2 cans. The color of the food shows that it has been there for days. I opened a can to check color; also he just added the second can onto of the first can. It's obvious nothing has been eaten. Like I said he has watched the cat before he knows the cat eats his food. He canít wait to eat his wet food. He was the only one with a key to the apartment except maintenace I have verified with them and they have not entered the apartment and I get a 24 hour call or at least a call right away that they need to enter. Also we live on the second floor there is a balcony he has got out before when we have left the door open to get groceries and he ran out but would NEVER leave the balcony. So that tells me he was just left out there. I have had this cat 15 years he is like what a dog is to a dog person. Heís like my little e dog he not like a normal cat he is my best friend.

When asked about it he just denies everything and says he has feed him 3 days and 2 of the days he double feed him to make up for not doing it the other days. He also did this last time and I told him not to do this it is not good for him to have that much wet food in a day.

Asked on 3/05/13, 7:23 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

While negligence could potentially apply, you are going to have a tough road as you have to prove it with real evidence in a court of law. That is not an easy task on these facts. Also the emotional distress to have value would have to be supported by medical testimony and treatment. I realize how upset you are, but you are suing is not the answer to get rid of that pain.

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Answered on 3/05/13, 8:19 pm

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